Citation Nr: 0517566
Decision Date: 06/28/05 Archive Date: 07/07/05
DOCKET NO. 97-26 671A ) DATE
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On appeal from the
Department of Veterans Affairs Medical Center in Syracuse,
New York
THE ISSUE
Entitlement to an annual clothing allowance.
REPRESENTATION
Veteran represented by: Disabled American Veterans
ATTORNEY FOR THE BOARD
Carol L. Eckart, Counsel
INTRODUCTION
The veteran served on active duty from February 1989 to
August 1994.
This matter comes before the Board of Veterans Appeals
(Board) from an April 1996 determination of the Medical
Administration Service of the VA Medical Center of Syracuse,
New York, which denied the veteran's claim for an annual
clothing allowance.
On January 14, 1999, the Board remanded this matter for
further development and for due process purposes. This case
is now returned to the Board for further consideration.
FINDING OF FACT
On May 19, 2005, prior to the promulgation of a decision in
the appeal, the Board received notification from the
appellant, requesting a withdrawal of his appeal of a claim
for entitlement to an annual clothing allowance.
CONCLUSION OF LAW
The criteria for withdrawal of a Substantive Appeal by the
appellant have been met.
38 U.S.C.A. § 7105(b)(2), (d)(5) (West 1991); 38 C.F.R.
§§ 20.202, 20.204(b), (c) (2004).
REASONS AND BASES FOR FINDINGS AND CONCLUSION
Under 38 U.S.C.A. § 7105, the Board may dismiss any appeal
which fails to allege specific error of fact or law in the
determination being appealed. A Substantive Appeal may be
withdrawn in writing at any time before the Board promulgates
a decision. 38 C.F.R. §§ 20.202, 20.204(b) (2004).
Withdrawal may be made by the appellant or by his or her
authorized representative, except that a representative may
not withdraw a Substantive Appeal filed by the appellant
personally without the express written consent of the
appellant. 38 C.F.R. § 20.204(c) (2004).
The veteran's substantive appeal, received at the VA on
September 22, 1997, is dated September 9, 1997 and was signed
and submitted by the veteran. On January 14, 1999, the Board
remanded this matter for further development. Subsequently,
a May 29, 2002 report of contact indicated that the veteran
was withdrawing his claim. On February 28, 2005 the matter
was returned to the Board. On May 19, 2005, the Board sent
the veteran a letter requesting clarification of whether he
wished to withdraw his appeal. On May 29, 2005, the veteran
returned the letter and checked off the line stating "I want
to withdraw the issue of entitlement to a clothing
allowance."
The appellant has withdrawn his appeal of his claim for
entitlement to an annual clothing allowance and, hence, there
remain no allegations of errors of fact or law for appellate
consideration. Accordingly, the Board does not have
jurisdiction to review the appeal of this issue and it is
dismissed without prejudice.
ORDER
The appeal of the claim for entitlement to service connection
to an annual clothing allowance is dismissed.
____________________________________________
CHERYL L. MASON
Veterans Law Judge, Board of Veterans' Appeals
Department of Veterans Affairs